Wills, Trusts & Estates

  • September 10, 2025

    New OBA president hopes to bring ‘more conversational experience’ to position

    The Ontario Bar Association (OBA) has a new leader at its helm. Katy Commisso took over the top job from former president Kathryn Manning at the beginning of September after serving a term as the first vice-president of the OBA, which is the professional association for Ontario's lawyers, judges and law students. She will serve for the 2025-26 term. Commisso, a native of Burlington, Ont., said she did not grow up wanting to be a lawyer.

  • September 09, 2025

    Aviva estopped from denying coverage in boating accident after delay in raising coverage concerns

    The Federal Court rejected an insurer’s bid to avoid defending and paying claims from a fatal boating accident, ruling that it was estopped from denying coverage after delaying and taking steps that prejudiced the insured’s access to evidence.

  • September 03, 2025

    Legal experts & advocates push PM Carney for urgent action to secure Canada’s ‘digital sovereignty’

    Legal experts, advocacy organizations and prominent Canadians are asking Ottawa to urgently legislate and implement measures to counter the digital risks to Canada’s autonomy and democracy posed by artificial intelligence (AI), foreign interference and U.S. tech giants’ dominance of domestic digital infrastructure.

  • September 03, 2025

    A cautionary tale for farm succession planning

    The Court of Appeal for Ontario’s recent decision in Metske v. Metske, 2025 ONCA 418 provides an important lesson to farming families and their professional advisers: good intentions and family loyalty, while laudable, are no substitute for clear, enforceable agreements. The decision narrows the scope of proprietary estoppel in the agricultural context and underlines the commercial reality that a succession plan must be both documented and financially achievable.

  • September 02, 2025

    LSM annual report a ‘comprehensive’ look at fiscal year, road ahead: president

    As Manitoba’s law society takes stock of its most recent fiscal year, the regulator’s new president aims to continue the work of minding lawyers’ well-being as part of a new strategic plan. Law Society of Manitoba (LSM) president Kyle Dear recently sat down with Law360 Canada to discuss the recent release of the law society’s 2025 annual report — a 31-page snapshot of the regulator’s latest fiscal year, which ran from April 1, 2024, to March 31, 2025.

  • August 27, 2025

    O’Sullivan adds 2 new estate lawyers

    O’Sullivan Estate Lawyers LLP has added two trust and estate lawyers: Josh Cohen and Namratha Sankar.

  • August 26, 2025

    Was father’s money for children to buy house a gift or loan?

    Despite the recent market decline in Ontario, the high cost of real estate often pushes families to join together to fund down payments. In such circumstances, the legal consequences of commingling family funds may blur the lines between generosity and expectation.

  • August 25, 2025

    Increased judicial intervention to correct unfairness at key tribunals

    Ontario’s administrative tribunals are facing increased scrutiny by the courts for unfairness in dismissing claims brought by tenants, landlords, employees, car accident victims and people who believe they have experienced discrimination or are seeking disability benefits.

  • August 22, 2025

    Estate planning: Ongoing income streams after death

    For individuals benefitting from the payment of royalties, it is not uncommon for those payments to continue after death, which gives rise to considerations in the estate planning and estate administration contexts. The most prominent example in recent years may be that of Michael Jackson, recognized by Forbes as the highest-paid dead celebrity in 2024 and in several years prior — royalties earned from MJ: The Musical alone certainly bolstered the bottom line.

  • August 21, 2025

    ‘Inadequate’ pay deters outstanding jurists from federal bench; $28,000 boost needed: commission

    Canada’s 1,198 federally appointed judges should get a substantial lump sum salary increase — $28,000 — as their pay package is no longer enough to attract “outstanding” private bar lawyers to the bench, says the federal Judicial Compensation and Benefits Commission, echoing warnings made by federal judicial leaders over the past few years.